Summary: We will not investigate this complaint about the Council’s decision not to allow Mr X to be reimbursed from Mrs Y’s direct payment funds. This is because the complaint is late.

The complaint

1. Mrs Y complained about the Council’s decision to refuse her husband, Mr X’s, request to be reimbursed by her direct payments. She said she had no personal assistant, and her husband had to fulfil the role without payment.
2. She wants the Council to use its discretion to allow Mr Y to be paid as her carer through her direct payments and for him to be reimbursed for the care already provided.

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The Ombudsman’s role and powers

3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council/care provider has done. (Local Government Act 1974, sections 26B and 34D, as amended)
4. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• further investigation would not lead to a different outcome
• there is no worthwhile outcome achievable by our investigation.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. We will not investigate this complaint because it is late. The events the complaint relates to took place between 2017 and 2018. Mrs Y complained to the Council in 2019, and the Council responded in 2025. Although there is a significant delay in the Council responding to Mrs Y’s complaint, she could have contacted us at an earlier date, and I see no good reason to exercise discretion to investigate this matter now.
8. Even if this complaint was not late, we would not investigate. The 2009 Direct Payment Regulations exclude direct payments being used to pay for care from a close family member living in the same household, except where a council has determined it is necessary. The Council considered the specific needs of Mrs Y and Mr X. It explained to Mrs Y it would not be appropriate for Mr X to be paid through her direct payment funds and set out reasons for this. It offered to organise her care until a permanent personal assistant was employed. It is unlikely we would find fault in the Council’s actions.
9. There was a significant delay in the Council responding to Mrs Y’s complaint. Due to this the Council offered a payment of £2000. The Council remedied the injustice caused to Mr X and Mr Y and therefore further investigation would not lead to a different outcome

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Final decision

10. We will not investigate Mrs X’s complaint because it is late, and we see no good reason to exercise discretion to consider it now.

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Investigator's decision on behalf of the Ombudsman